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TN: Consenter had apparent authority over two buildings, not just one

By John Wesley Hall, Jr.

Officers looking for a fugitive were on the “Johnson properties.” It was common knowledge in the community that two houses nearby were the “Johnson property,” and one person’s consent to search the “Johnson properties” reasonably was believed to include both buildings. The officers were lawfully there in the first place. State v. Johnson, 2010 Tenn. Crim. App. LEXIS 614 (July 22, 2010).* In a DUI case, where the officer testified that he wasn’t sure who took the blood sample, and under statute only a physician, qualified technician, chemist, registered professional nurse, or licensed vocational nurse may take a blood specimen at the request or a LEO, it was a credibility determination against the state, and suppression was affirmed...continue to full post

Full post as published by Fourth Amendment on July 26, 2010 (boomark / email).